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Talkov Law Blog

Civil Code 682 – Severing a Joint Tenancy in California

This article seeks to explain the meaning of a joint tenancy as compared to other forms of co-tenancy, explains the meaning and importance of the severance of a joint tenancy, and explains the means by which a joint tenancy in real estate may be severed. Before or after the severance, jointly owned property can be … Read More

Family Code 1100(b) - Spouses Can Gift No More than Half of the Community Property

Family Code 1100(b) – Spouses Can Gift No More than Half of the Community Property

Community Property Laws Allow Spouses to Give Away No More than Half of the Community Estate, During Life or Upon Death in a Will or Trust While many spouses have tried, the law does not allow a living or deceased spouse to give away more than half of the community property marital estate, including in … Read More

Anti-SLAPP Victory for Talkov Law

Cori Schumacher Loses Restraining Order, Anti-SLAPP Motion Granted, Court Rules in Victory for Talkov Law

Cori Schumacher, Carlsbad Councilmember, Loses Anti-SLAPP Motion; Court Sides With Talkov Law’s First Amendment Briefing As covered by Volokh Conspiracy and the San Diego Union Tribune, a California court sided with the First Amendment in granting an Anti-SLAPP motion to strike a restraining order petition filed by Carlsbad City Councilwoman Cori Schumacher against three outspoken … Read More

Constructive Trust California Law Attorney Lawyer

What is a Constructive Trust in California?

Constructive Trust in California for Real Estate Co-Ownership What is a Constructive Trust in California Real Estate? A constructive trust is a remedy used by a court to compel a person who has property they are not justly entitled to to transfer it to the intended beneficiary as determined by the court. How can I … Read More

Deed vs. Title Differences Real Estate Attorney California Lawyer

Title vs. Deed: What’s the Difference?

What is the Difference Between a Title and a Deed? If you are wondering what the difference is between a deed and title, you are not alone! The experienced Real Estate and Quiet Title Attorneys at Talkov Law break down the differences between these terms

Actual Notice Constructive Notice Inquiry Notice Imputed Notice Bona Fide Purchaser California Law

Actual Notice vs. Constructive Notice vs. Inquiry Notice vs. Imputed Notice – What is a Bona Fide Purchaser?

Establishing Bona Fide Purchaser Status Under California’s Notice Rules Many conflicts arise from real property purchase disputes where a buyer, seller or other party claims priority over earlier purchasers and liens (encumbrances), including judgments. The conflicted rules applied in these quiet title actions underlie the importance of hiring a qualified real estate litigator in California. … Read More

escrow-holder-liability-damages

Escrow Holder Liability and Related Damages – A Simple Framework

Escrow Holder Liability Theories An escrow holder is typically able to be held liable on theories of: breach of contract, general negligence, and breach of fiduciary duty, among others which will not be discussed herein. Talkov Law, however, does have a stable of attorneys ready to assist with any other potential theories of liability which … Read More

998-offer-strategy-california-settlement-court-litigation

998 Offer Strategies for Attorneys’ Fees

Many parties use Code of Civil Procedure Section 998 offers to shift which party will be determined the prevailing party supposing the plaintiff wins less than was offered by the defendant in the § 998 offer. However, parties should carefully consider their options and § 998 offer strategies to attempt to produce a favorable outcome. … Read More

998 Offer to Compromise California Law Attorney

998 Offers to Compromise in California

What Is a Section 998 Offer? A § 998 offer is a statutory offer to compromise developed with the goal of encouraging settlement between parties. A § 998 offer is a reasonable, good faith offer proposed by either the defendant or the plaintiff. A § 998 offer shifts costs to the other party so the … Read More

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